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The Bank Recovery and Resolution Directive and the Single Resolution Mechanism: Preadviezen/Reports 2014

The Bank Recovery and Resolution Directive and the Single Resolution Mechanism: Preadviezen/Reports 2014

作者： Netherlands Association for Comparative and International Insolvency LawNACIIL
出版商： Eleven International Publishing
ISBN: 9789462367166
出版时间 February 2017
规格： Paperback
适应领域： ? 免责申明：
Countri(es) stated herein are used as reference only

RM174.36

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The new European rules on bank insolvency seek to prevent future government-funded bailouts. Instead, risks should be internalized by the participants. The rules in the Bank Recovery and Resolution Directive and also the Single Resolution Mechanism seek to mimic the outcome of a normal insolvency procedures, without actually letting a failing institution enter full insolvency procedures. The rules enacted are of critical importance to a healthier and more stable financial sector.

This book presents three reports in which the new rules are explained and criticized where needed. Professor Joossen discusses the bail-in mechanisms, while Nuijten analyses the legal protection offered to stakeholders against intervention under the Single Resolution Mechanism - or the lack thereof. Finally, Clancy considers the potential use of the new resolution tools in the context of counterparties, in particular repo and derivative counterparties to a financial institution.
Legal Protection against Actions under the Single Resolution Mechanism - or the Lack of It
Bail-In Mechanisms in the Bank Recovery and Resolution Directive
The Single Resolution Mechanism: Position of Counterparties, Especially in Repos and Derivatives Contracts
Report of the Annual Conference of the Netherlands Association for Comparative and International Insolvency Law on 6 November 2014.

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